ML19326B224
| ML19326B224 | |
| Person / Time | |
|---|---|
| Site: | Davis Besse  |
| Issue date: | 12/30/1970 |
| From: | Kalur J JAMISON, ULRICH, BURKHALTER & HESSER |
| To: | US ATOMIC ENERGY COMMISSION (AEC) |
| References | |
| NUDOCS 8003061034 | |
| Download: ML19326B224 (5) | |
Text
.
, i j
j' I
i UNITED STATES OF AMERICA I
ATOMIC ENERGY COMMISSION 2+
Jo,
. 7 J
4 DOCKET NO. 50-346 In the matter of
)
! THE TOLEDO EDISON COMPANY
! AND THE CLEVELAND ELECTRIC
)
MOTION FOR ORDER U
ILLUMINATING COMPANY DELAYING CONSTRUCTTON l
(Davis-Sesse Nuclear Power Station)
)
PERMIT HEARINGS i
)
lf Intervenor Glenn Lau, by his attorneys, hereby moves the Commission for an order delaying the proposed reconvening of the Hearings upon an Application For a Construction Permit from I-/
January 5, 1971 until March 8, 1971, for the reason that despite l
the exercise of due diligence Intervenor was unable to retain j counsel to represent him adequately in the matter unti1 December 29, 1970, and both intervenor and his counsel will need 6f a minimum of t.;o months to adequately prepare and present the position of petitioner-intervenor Glenn Lau at the aforesaid n
j! hearings.
h s
i g,, _.
i Jerome S. Kalur f
of Jamiso'.n, Ul~ rich, Burkhalter & Hesser 1425 National City Bank Building Cleveland, Ohio 44114 621-4333 Attorneys for Intervenor e
i 8003061C>29 9
^
r I
BRIEF IN SUPPORT OF MOTION The hearings upon-the Construction Permit Application of i
the Toledo Edison Company and the Cleveland Electric il~luminating Company were convened on December 8, 1970, in Port Clinton, Ohio.
h l
Thereafter, intervenor Glenn Lau submitted a petition to intervene which was granted on December 10, 1970.
Said intervenor was represented at the hearing by James Knight, Esq.
of Toledo, Ohio.
Mr. Knight was retained immediately before the convening of the hearings and represented intervenor Lau, but only for the purpose of obtaining leave to intervene.
As is set forth in Exhibit A attached hereto, intervenor Lau was not able to retain present counsel herein until December 29, 1970, i.e., only six days before the adversary hearings are due to reconvene.
It has long been settled law that "A full hearing at which every party has the right to present his case or defense by oral or documentary evidence, to submit rebuttal evidence, and to conduct such cross-examination as may be required for a full and true dis-closure of the facts, i's essential for wise and just application of the authority of administrative agencies."
2 Am. Jur. 2d, Administrative Law 397 in the event that the hearings are reconvened on January 5, 1971, intervenor Lau will be effectively prevented from producing the evidence necessary to prove the allegations made in his petition to intervene and his right to a full and i
fair hearing will be destroyed.
Witnesses cannot appear upon 2.-
n.
such notice, nor can i t reasol ably be expected that counsel will be able to familiarize themselves with the complex issues involved herein in that short ti me.
Intervenor Lau asks that the reconvening of the hearing be delayed so that he is able to present his case.
Respectfully submitted, SAewJL.
A (LwA Jerome S. Kalur SERVICE A copy of the foregoing has been mailed to' Gerald Charnoff Esq., Barr Building, 910 17th Street, N.W., Washington, D.
C.
20006 and to Thomas S. Engelhardt, Esq., Attorney for the
~
Regulatory Staff of the Atomic Energy Commission, Washington, D.C. 20545 by Air Mail, Special Delivery; and to Donald Hauser, Esq., The 111uminating Company Legal Department, Cleveland, Ohio 4411~3 and Wilson M. Snyder, 405 Madison Avenue, Toledo, Ohio 43604 by regular United States Mail, this 30th day of December, 1970.
\\9
=,. /\\
Ae Jerome S. Kalur J
( l
l s
)
/
~
EXHIBIT A' STATE OF OHIO
)
SS.
AFFIDAVIT COUNTY OF CUYAHOGA )
I, JEROME S. KALUR, being first duly sworn, depose and say that:
1.
I am an attorney licensed to practice law in the State of Ohio; 2.
I am an associate in the law firm of Jamison, Ulrich, Burkhalter and Hesser in the City of Cleveland, Ohio; 3
On December 29, 1970, the professional services of my firm were retained by Mr. Glenn Lau in order to' represent his interests in the Matter of The Toledo Edison, Company and The Cleveland l'
Electric illuminating Company (Davis-Besse i
Nuclear Power Station), Docket No. 50-346;
'4.
I have read the hearing transcript of December 10, 1970, and am cognizant of Mr. Lau's status as i
an admi tted intervenor-and of hi s right to participate as o party to all further proceedings; j
_4_
l l
O
.m
~
9 5
It is my professional opinion that it is impossible for our firm to become properly
~
familiar with the issues in this matter and to obtain the proper scientific and expert advice'necessary to properly present Mr.
Lau's contentions by the date set for reconvening of the hearing on January 5, 1971; 6.
Despite the exercise of al1 due di1igence, your affiant avers that it is impossible to secure the attendance of the proper expert witnesses in Mr. Lau's behalf within the time now alloted and that if.the hearing were to be conducted in the absence of such experts the rights of Mr. Lau to due process of law would be violated.
i Further affiant sayeth naught.
i i
\\.
~
.Garm,0, x. %A,un Jerome S.
Kalur SWORN T0 before me and subscribdd in my. presence this l
30th day of December, 1970.
!R W]A%
'~
Notary Pubyc 5-RUTH M. ROGERS NotaryPublic F:t Cuyahcga County i
My Commission Dpires My 15,19d
.